beta
(영문) 광주지방법원 순천지원 2017.09.14 2017고합129

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a teacher of an elementary school located in C at all times, and the victim D (one-year-old) is a student of the above school, and the Defendant, as a teacher of a victim, has been knee and kneeee, knee and knee.

On May 17, 2017, the Defendant, at around 14:45, moved the victim who was studying after school, was in the fourth grade laboratory of the above elementary school, and was engaged in family counseling after opening the entrance of the above laboratory, got the victim knee in one kne, sit the victim in one kne, and collected his hand in one kne and the panty of the victim.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the integrated support center for victims of sexual assault;

1. Application of Acts and subordinate statutes, such as investigation reports (limited to those accompanying on-site photographs, etc.) and photographs;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on which the relevant legal provisions and punishment concerning the facts constituting an offense are selected (the point where an indecent act is committed by a minor under the age of 13 and the choice of imprisonment with labor);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for a sex offense, and the instant crime was committed contingent, and is not against many and unspecified persons, as well as the circumstances leading up to the instant crime, circumstances after the crime, the disclosure order, or notification order, and the profits and preventive effects expected by the Defendant.